Rajasthan Public Trusts Act explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 67 to 70 of the Rajasthan Public Trusts Act, 1959 make up Chapter XII on procedure and penalties in Rajasthan. The Commissioner and Assistant Commissioners have civil-court powers in four matters when holding inquiries, inquiries are judicial proceedings, the Code of Civil Procedure applies to court proceedings, and two fines are printed in section 70.
This article explains sections 67 to 70 of the Rajasthan Public Trusts Act, 1959 (Rajasthan Act 42 of 1959) as amended up to the date of the English text published by the Devasthan Department, Government of Rajasthan, consulted on 3 October 2026; that copy does not state the date of its last amendment. Check the current text with the State's Devasthan Department before relying on it.
In holding inquiries, the Commissioner or an Assistant Commissioner has the powers of a civil court in four matters: proof of facts by affidavits, summoning and examining on oath, compelling production of documents and issuing commissions (section 67). All inquiries are judicial proceedings for sections 193, 219 and 228 of the Indian Penal Code, 1860 (section 68). The Code of Civil Procedure, 1908 applies to proceedings before the court, save where inconsistent with the Act (section 69). Contravening section 17(1) or section 66(1), (2) or (5) is punishable with a fine up to "five hundred rupees", and any other contravention for which no penalty is provided with a fine up to "one hundred rupees", as printed in the published copy (section 70). Chapter XII applies to each other Chapter from the date it begins, under section 1(7).
The notification point
Chapter XII has no start date of its own. Section 1(7) says Chapters XII and XIII apply to the provisions of each of the other Chapters from the date that other Chapter comes into force. Because Chapters V to X apply by notification to the classes the State Government specifies, a penalty for breach of a duty in those Chapters can arise only once that duty has begun for the trust. The notifications are not part of the text consulted, so no class of trusts is named. A trust facing an inquiry or a prosecution can talk to our legal dispute resolution team.
Section 67: civil-court powers in inquiries
In holding inquiries under the Act, the Commissioner or an Assistant Commissioner "shall have the same powers as are vested in civil courts in respect of the following matters under the Code of Civil Procedure, 1908 ... in trying a suit":
| Clause | Power |
|---|---|
| (a) | Proof of facts by affidavits |
| (b) | Summoning and enforcing the attendance of any persons and examining him on oath |
| (c) | Compelling the production of documents |
| (d) | Issuing of commissions |
The list is closed: these four matters. The inquiries concerned include the registration inquiry in sections 18 and 19, the further inquiry in section 24 and the surcharge inquiry in section 49. The Code of Civil Procedure, 1908 is an older Central law quoted as printed; check the current text before relying on the reference.
Section 68: inquiries are judicial proceedings
"All inquiries under this Act shall be deemed to be judicial proceedings within the meaning of section 193, 219 and 228 of the Indian Penal Code, 1860." The Indian Penal Code, 1860 is quoted as printed; check its current position before relying on the reference. The section says only that the inquiries are deemed judicial proceedings for those provisions. It does not describe the offences; a witness or party in an inquiry should take advice on what the quoted provisions mean today.
Section 69: the Civil Procedure Code in court
The provisions of the Code of Civil Procedure, 1908 "shall, save in so far as they may be inconsistent with anything contained in this Act, apply to all proceedings before the court under this Act". The court here is the District Court. So the application for directions under section 38 or the application against a surcharge under section 50 follows the Code's procedure where the Act is silent.
Section 70: the penalties
Sub-section (1). The published copy reads: "whoever contravenes any provision of sub-section (1) of section 17 or sub-section (1), (2) and (5) of section 66 shall be published with time which may extend to five hundred rupees." The words "published with time" are a typing slip in the published copy; the sense, from sub-section (2) and the heading, is "punished with fine". The fine is up to five hundred rupees, as printed in the published copy.
Sub-section (2). "Whoever contravenes any of the provisions of this Act or the rules made thereunder for the contravention of which no specific penalty has been provided shall be punished with fine which may extend to one hundred rupees." That is the amount printed in the published copy.
| Contravention | Penalty as printed |
|---|---|
| Section 17(1): failure of the working trustee to apply for registration within the time | Fine which may extend to five hundred rupees |
| Section 66(1), (2) and (5): dharmada provisions | Fine which may extend to five hundred rupees |
| Any other contravention of the Act or the rules with no specific penalty | Fine which may extend to one hundred rupees |
The section 17(1) duty is explained in section 17 and the dharmada duties in section 66. The amounts are old figures printed in the published copy; the current text should be checked for any change.
Prosecution
Section 75 adds that no court inferior to that of a Magistrate of the first class shall try an offence punishable under the Act, and that no prosecution may be instituted without the previous sanction of the Assistant Commissioner; see sections 71 to 75.
Worked example
An invented trust, Shri Naina Devi Trust, Hanumangarh, is within a class to which Chapter V has been applied by notification. Its working trustee, Mr Jagdish Prasad, does not apply for registration within the period under section 17(1), and no extension has been granted. The Assistant Commissioner, with his previous sanction under section 75(2), launches a prosecution before a Magistrate of the first class. If convicted, the maximum fine is the amount printed in section 70(1). Separately, in an inquiry into the trust's accounts, the Assistant Commissioner summons Mr Jagdish Prasad to give evidence on oath and orders the production of the trust's cash book, using his section 67 powers.
Practical points
- Attend when summoned in an inquiry; the officer has the power to compel attendance.
- Provide documents asked for; the officer can compel production.
- Remember that inquiries are judicial proceedings, so statements should be accurate.
- Meet the section 17(1) and section 66 duties on time; they carry the higher printed fine.
- Check the current text for any change in the fines.
Need help with an inquiry or a prosecution?
An inquiry carries civil-court powers and a missed statutory duty carries a fine. Our team can prepare you for an inquiry, assemble the documents and advise on any prosecution. Contact us about legal dispute resolution for your trust.
Key takeaways
- The Commissioner and Assistant Commissioners have civil-court powers in four matters when holding inquiries.
- Inquiries are deemed judicial proceedings for sections 193, 219 and 228 of the Indian Penal Code, 1860.
- The Code of Civil Procedure, 1908 applies to court proceedings under the Act unless inconsistent.
- Section 70 prints a fine of up to five hundred rupees for contravening section 17(1) or section 66(1), (2) or (5), and up to one hundred rupees for other contraventions with no specific penalty.
- The published copy has a typing slip in section 70(1); the sense is "punished with fine".
Read next
- Sections 71 to 75 of the Rajasthan Public Trusts Act, 1959: recovery, bar of jurisdiction and trial
- Section 17 of the Rajasthan Public Trusts Act, 1959: application for registration
- Section 66 of the Rajasthan Public Trusts Act, 1959: dharmada
Disclaimer: Based on the English text of the Rajasthan Public Trusts Act, 1959 published by the Devasthan Department, Government of Rajasthan, as consulted on 3 October 2026; that copy does not state the date of its last amendment. Later amendments, State notifications and current fees should be checked with the State authorities. This article is general information, not legal advice; check the official text before acting.